00
5HY
A-1
A
Limited Warranty
Limitation Of Warranties:
A.
Lighthouse Worldwide Solutions (LWS) warrants that all
equipment shall be free from defects in material and
workmanship under normal use for a period of two years from
date of shipment to Buyer except that LWS does not warrant that
operation of the software will be completely uninterrupted or
error free or that all program errors will be corrected. Buyer shall
be responsible for determining that the equipment is suitable for
Buyer’s use and that such use complies with any applicable
local, state, or federal law. Provided that Buyer notifies LWS in
writing of any claimed defect in the equipment immediately
upon discovery and any such equipment is returned to the
original shipping point, transportation charges prepaid, within
two years from date of shipment to Buyer and upon examination
LWS determines to its satisfaction that such equipment is
defective in material or workmanship, i.e. contains a defect
arising out of the manufacture of the equipment and not a defect
caused by other circumstances, including, but not limited to
accident, misuse, unforeseeable use, neglect, alteration,
improper installation, improper adjustment, improper repair, or
improper testing, LWS shall, at its option, repair or replace the
equipment, shipment to Buyer prepaid. LWS shall have
reasonable time to make such repairs or to replace such
equipment. Any repair or replacement of equipment shall not
extend the period of warranty. If the Instrument is modified or in
any way altered without the explicit written consent of LWS then
the warranty is null and void. This warranty is limited to a period
of two years, except as noted below, without regard to whether
any claimed defects were discoverable or latent on the date of
shipment. The length of warranty for pumps in hand held particle
counters is one (1) year. Batteries and accessories with all
products are warranted for one (1) year. Fuses and purge filters
carry no warranty. If a third party battery is used in the product,
the product warranty is null and void. If the battery is charged by
a third party battery charger the battery warranty is null and void.
B.
If Buyer shall fail to pay when due any portion of the purchase
price or any other payment required from Buyer to LWS under
this contract or otherwise, all warranties and remedies granted
under this Section may, at LWS’s option, be terminated.
C.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN
LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES
AND COVENANTS, EXPRESS OR IMPLIED WITH
RESPECT TO THE EQUIPMENT AND ANY DEFECTS
THEREIN OF ANY NATURE WHATEVER, INCLUDING
AND WITHOUT LIMITATION WARRANTIES OF MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PUR-
POSE. LWS SHALL NOT BE LIABLE FOR, AND BUYER
ASSUMES ALL RISK OF, ANY ADVICE OR FAILURE TO
PROVIDE ADVICE BY LWS TO BUYER REGARDING THE
EQUIPMENT OR BUYERS USE OF THE SAME. UNDER
NO CIRCUMSTANCES SHALL LWS BE LIABLE TO
BUYER UNDER ANY TORT, NEGLIGENCE, STRICT LIA-
BILITY, OR PRODUCT LIABILITY CLAIM AND BUYER
AGREES TO WAIVE SUCH CLAIMS. LWS’s SOLE AND
EXCLUSIVE LIABILITY AND BUYERS SOLE AND
EXCLUSIVE REMEDY, FOR ANY NONCONFORMITY OR
DEFECT IN THE PRODUCTS OR ANYTHING DONE IN
CONNECTION WITH THIS CONTRACT, IN TORT,
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHER-
WISE, SHALL BE AS SET FORTH IN THE SUBSECTION A
HEREOF AS LIMITED BY SUBSECTION B HEREOF. THIS
EXCLUSIVE REMEDY SHALL NOT HAVE FAILED OF ITS
ESSENTIAL PURPOSE (AS THAT TERM IS USED IN THE
UNIFORM COMMERCIAL CODE) PROVIDED THAT THE
SELLER REMAINS WILLING TO REPAIR OR REPLACE
DEFECTIVE EQUIPMENT (AS DEFINED IN SUBSECTION
A) WITH A COMMERCIALLY REASONABLE TIME
AFTER RECEIVING SUCH EQUIPMENT. BUYER SPECIFI-
CALLY ACKNOWLEDGES THAT SELLER’S PRICE FOR
THE EQUIPMENT IS BASED UPON THE LIMITATIONS OF
LWS’S LIABILITY AS SET FORTH IN THIS CONTRACT.
Warranty Of Repairs After
Initial Two (2) Year Warranty:
A.
Upon expiration of the initial two-year warranty, all parts and
repairs completed by an authorized Lighthouse repair technician
are subject to a six (6) month warranty.
B.
Other than the above, LWS makes no warranty of any kind,
expressed or implied, except that the products manufactured and
sold by LWS shall be free from defects in materials and work-
manship and shall conform to LWS’s specifications; Buyer
assumes all risk and liability resulting from use of the products
whether used singly or in combination with other products. If
instrument is modified or in any way altered without the explicit
written consent of LWS, then the warranty is null and void.
C.
WARRANTY REPAIRS SHALL BE COMPLETED AT THE
FACTORY, BY AN AUTHORIZED SERVICE LOCATION,
BY AN AUTHORIZED SERVICE TECHNICIAN, OR ON
SITE AT BUYER’S FACILITY BY A LIGHTHOUSE
AUTHORIZED EMPLOYEE. BUYER PAYS FREIGHT TO
FACTORY; SELLER WILL PAY STANDARD RETURN
FREIGHT DURING THE WARRANTY PERIOD. BUYER
MAY SELECT A FASTER METHOD OF SHIPMENT AT ITS
OWN EXPENSE.
Summary of Contents for Handheld 3016 IAQ
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